Practice Areas

Our practice falls into four primary areas:  (1) Dispute Resolution/Commercial Litigation matters, focused on resolving commercial legal disputes out of court whenever possible, and in court through litigation when necessary; (2) Reputation Law matters, in which a person or entity's reputation or speech rights are under attack, or a client wishes to mitigate the risk of such an attack through prepublication review and counseling; (3) Contract Law, in which we draft, negotiate, and advise on a variety of business agreements; and (4) Internet Law, centered around issues involving terms of service, copyright, online content, online reviews, cyber-bullying, among other areas.  Please click the buttons below to learn more about our practice in these areas.

Examples
  • Represented--through prelitigation negotiations, discovery, motions practice, jury trial and settlement--purchaser of $105M office building against major bank (Capitol Justice, LLC v. Wachovia Corp., U.S. Dist. Ct., D.D.C.)

  • Sued major online publication on behalf of public relations professional for defamation and copyright infringement in high-profile case relating to repeated false and defamatory articles about her (Gordon v. Mediabistro.com Inc., D.C. Superior Ct.)

  • Obtained injunction to enforce non-compete agreement against former sales director (OriGene Technologies, Inc. v. Nielsen, Montogomery County, Md. Cir. Ct.)

  • Represented officer/director in governance dispute through injunction proceedings and settlement (Schobel v. American Academy of Actuaries, U.S. Dist. Ct., D.D.C.)

  • Defended former executive and his company in patent and trade secret case brought by his former employer (The Informatics Applications Group v. Shkolnikov, U.S. Dist. Ct., E.D. Va.)

  • Defended best-selling authors against copyright, right of publicity, privacy claims (e.g., Polsby v. St. Martin's Press, U.S. Dist. Ct., S.D.N.Y., U.S. Ct. Apps. 2d Cir.)

  • Negotiated and obtained insurance coverage for defense and indemnity on behalf of numerous policyholders

  • Negotiated resolution of data breach involving invasion of privacy, interference with contract following corporate email hacking and transmission to third parties.

  • Defended professionals in disciplinary proceedings involving alleged ethical misconduct

  • Negotiated resolution of commission dispute between sports agent and former agency employer

Dispute Resolution / Litigation

We focus on resolving clients' legal disputes, with a style calibrated to the client's ultimate objective.  Often this means finding creative--sometimes non-monetary--solutions that address the concerns of all parties so that the client can move on to bigger and better things--like running a business or organization, making money, and/or living happily ever after, under the circumstances.  

 

Aggressiveness is a strategy that sometimes can be appropriate; often it is counter-productive and can perpetuate a dispute into a costly, protracted battle that causes distraction, stress and expense for all involved.  While such an approach is necessary in certain instances, often it can do more harm than good for the client.

 

Our job is to advise the client on the best strategy based on years of experience litigating disputes of all shapes and sizes.  Ultimately, it is the client's decision on how to proceed, and if "aggressive litigator" is what the client wants, that is what the client will get.  

 

If and when the client wants a fair resolution above all else, we will vigorously engage with the other side to find a creative solution so that everyone can move on.

 

We have broad experience in a wide range of matters, including those involving commercial contract disputes, defamation and privacy law, employment litigation, insurance coverage disputes on behalf of policyholders, business torts, intellectual property law (e.g., copyright, trademark, patent), and professional disciplinary matters involving lawyers, doctors, and actuaries (e.g., before the Actuarial Board for Counseling and Discipline (ABCD)), among others.

 

 

 
Examples
  • Negotiated licensing agreement on behalf of start-up business with large corporate customer

  • Negotiated publishing agreement, on behalf of author of a book, with large, international publisher

  • Drafted terms of service and online contest rules on behalf of online business

  • Negotiated and drafted numerous pre-litigation settlement agreements between commercial parties

  • Advised clients on dispute resolution agreements, including the pros and cons of arbitration, mandatory mediation, jury waivers, fee-shifting, forum selection, etc.

 

Contract Law

 

We help businesses and individuals negotiate and memorialize their business agreements, using plain English in written documents that you don't need a law degree or years of high school Latin to comprehend.  We have experience with a wide variety of agreements, including those involving vendors, customers, non-competes, licensing, settlements, dispute resolution, and commissions, among others.  Our depth of experience causes us to think carefully about the implications of provisions and possible ambiguities so that, in the event of a dispute, the focus can be on resolving the issue, and not debating what the parties really intended, and not being stuck having to arbitrate disputes that would be better resolved in court (and vice versa) and in inconvenient, undesirable locations.

 
Examples
  • Consulted with Internet-based business on terms of use, copyright, contest rules, and deals with customers.  

  • Advised businesses and professionals whose reputation has come under online attack from customers, competitors, and others.

  • Represented individuals who have been victims of cyber-bullying, in seeking redress

Internet Law

We have substantial experience representing companies with an Internet presence, Intenet-based businesses, and social media users in a variety of situations. We have advised businesses on creating effective social media policies for their employees that do not run afoul of labor and employment laws. 

 

The type of work has involved counseling, transactional negotiations and contract drafting, dispute resolution, and litigation.  

© 2016 by Wachen LLC

The content and/or functionality of this web site is for general use, and is not intended to convey legal advice.  It is not intended to and does not create an attorney-client relationship.  An attorney-client relationship is not created until we agree to enter into such a relationship.

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